Grover v. Smith

This is an action of contract brought by the inembers of a partnership for goods sold to the defendant, The goods were sold under an arrangement, made between the managing member of the firm and the defendant, that one quarter of the price fixed should be applied to a private debt owed by the former to the latter. It is this part which now is sued for. The rest has been paid, except twelve dollars and nineteen cents, as to which the only question is one of tender.*

The case is governed by Homer v. Wood, 11 Cush. 62, which is stronger than this. There the claim of the firm, which one partner…